Emerging Adult Justice in Massachusetts June 2017 Emerging Adults: A distinct population that calls for an age-appropriate approach by the justice system Selen Siringil Perker and Lael Chester* Who are emerging adults? Our justice system acknowledges that children and adults are different, and they should be treated as such when they are suspected of committing a criminal offense. As with most states, Massachusetts sets the legal marker between childhood and adulthood at age 18 for criminal law purposes. 1 Consequently, justice-involved young people are automatically treated as adults once they turn 18, and cannot benefit from a separate system of justice with separate facilities, confidentiality protections, and individualized treatment with a network of rehabilitative programming—all of which are part of the juvenile justice systems that most juveniles under 18 are entitled to. Yet the age of 18 is not a fixed point when adolescents become fully mature adults. 2 Recent research in neurobiology and psychology suggests that cognitive skills and emotional intelligence continue to develop into a person’s mid-20s, and even beyond. 3 Sociological research also reveals that key milestones bridging youth to adulthood, such as completing education, employment and marriage, come later in an individual’s life course compared to previous generations.4 The term “emerging adults,” first coined in 2000 by psychologist Jeffrey Arnett, aptly invokes this critical developmental period: the transition from a child who is dependent on parents or guardians for supervision and guidance (as well as emotional and financial support) into a fully mature, independent adult who engages as a productive and healthy member of society.5 While there is no universal definition of “emerging adults,” in the context of criminal justice we define it as individuals transitioning from childhood to adulthood, from the age of 18 to 25.6 https://www.hks.harvard.edu/youngadultjustice 1 Why should the criminal justice system focus on and distinguish emerging adults? Emerging adults drive a disproportionately large share of criminal justice activity. Emerging adults7 make up 10 percent of the U.S. population but comprised 29 percent of arrests,8 and 21 percent of people admitted into adult prisons in 2012 across the country.9 The trend holds in Massachusetts: In 2013, emerging adults comprised 10 percent of the population, yet accounted for 29 percent of all arrests,10 20 percent of individuals sentenced to incarceration in state prisons, and 23 percent of individuals sentenced to incarceration in county Houses of Correction (HOC). 11 Furthermore, the rate of incarceration in Massachusetts state prisons and county jails for emerging adults was 540 per 100,000, more than double the incarceration (admission) rate for residents over age of 25 (251 per 100,000).12 The persistent, large, and disproportionate share of emerging adults in our criminal justice system hinders efforts to effectively reduce the workload and expense of the criminal justice system, and to curb incarceration rates. Age-appropriate responses to justice-involved emerging adults will decrease crime and improve public safety. Emerging adults are not only more likely to be incarcerated, but also more likely to recidivate when they leave a correctional facility. A national study of 30 states revealed that 75.9 percent of those under 24 released in 2005 were rearrested within three years, compared to 69.7 percent of those 25 to 29 and 60.3 percent of those 40 and older.13 This pattern continued to hold at the 5-year mark after release. The higher recidivism rates among emerging adults hold true in Massachusetts. Among 2011 HOC releases, 18- to 24- year-olds had higher rates than all other age groups in three measures of recidivism (re-arraignment, re- conviction and re-incarceration) at the 3-year mark. Notably, 76 percent of 18- to 24-year-olds released from county jails and state prisons in 2011 were re-arraigned within three years of release.14 Higher recidivism rates among emerging adults are not surprising. Justice-involved emerging adults have been victims of violent crime and have experienced emotional and physical trauma at a higher rate than any other population.15 Exposure to toxic environments such as adult jails and prisons further traumatizes justice- involved emerging adults, making them more vulnerable to negative influence, and as a result, increases recidivism among this group. Tailoring the justice system’s response to emerging adults’ developmental needs can reverse this cycle of crime and improve public safety. https://www.hks.harvard.edu/youngadultjustice 2 Age-appropriate response to justice-involved emerging adults is the most effective and humane way to hold youth accountable and correct problematic behavior. Research shows that the brain continues to develop well into a person’s 20s.16 When emerging adults find themselves in an emotionally charged situation, especially around their peers, they cannot always keep their actions in line with what they know to be the appropriate course of action.17 They are overly motivated by reward seeking behavior, more susceptible to peer pressure, and more prone to risk-taking and impulsive behavior.18 All these factors can contribute to their involvement in criminal activity. Furthermore, a higher likelihood of prior victimization among emerging adults has also been shown to amplify the effects of such factors.19 Problematic behavior of emerging adults is, thus, often fundamentally different than mature adults’ criminal behavior in both cause and nature, and necessitates a tailored approach. Despite its challenges, this transitional period is also a time of opportunity. Most emerging adults will mature normally through this stage between childhood and adulthood, and naturally age out of crime as their cognitive skills develop, responsibility and independence grow, and social ties are strengthened through key milestones such as stable employment and marriage. Research again shows that few youths who are involved in delinquent behavior actually continue into adult criminal behavior.20 Emerging adults are also more malleable to rehabilitation and appropriate interventions that promote growth during this critical period. Evidence-based interventions targeted specifically at the needs of emerging adults have proven effective in positively changing behavior. For example, two model programs that specifically focus on justice-involved emerging adults in Massachusetts have produced long-lasting, positive outcomes: The 2016 program evaluation of Roca’s Intervention Model in Massachusetts found that 87 percent of emerging adult participants involved with Roca’s 24-month intensive support program had no new arrests, and 88 percent retained employment for six months or more.21 Similarly, 83 percent of youth who completed UTEC programming in 2014 had no new arrests within two years after leaving UTEC, and 82 percent remained employed.22 By recognizing the unique needs of emerging adults and applying more developmentally appropriate responses, policies and practices can effectively help them reach their true potential, and become productive members of their communities. Age-appropriate responses to justice-involved emerging adults can reduce racial and ethnic disparities, and enhance social cohesion and economic development. Black male emerging adults comprised nearly 40 percent of all emerging adults admitted to state and federal prisons in the U.S. in 2012, and they are 7 to 9 times more likely to end up in prison compared to their white peers.23 In Massachusetts, while racial disparities narrowed slightly over the past decade, black and Hispanic emerging adult incarceration rates are still remarkably higher compared to their white peers. For example, in 2013, relative to their white peers, the annual rate of imprisonment for emerging adults was 1.7 and 3.2 times higher for Latinos and African-Americans respectively.24 https://www.hks.harvard.edu/youngadultjustice 3 Black and Hispanic emerging adults have an especially disproportionate share of incarceration in state prisons. In 2016, African-Americans and Hispanics had a combined share of almost 70 percent of all emerging adults incarcerated in state prisons (34 percent and 35 percent respectively), while they made up 52 percent of the incarcerated individuals that were 25 years old and over, and 25 percent of the general state population.25 Racial disparities persist in county jails too, and are especially alarming among younger cohorts. For instance, in the Suffolk County House of Corrections, African-Americans and Hispanics made up 83 percent of the 18-to 24-year-old incarcerated population (52 percent and 31 percent, respectively), while their combined share was over 90 percent among 18-to 19-year-old cohort in 2015.26 A criminal record can severely interfere with emerging adults’ abilities to join the workforce, pursue higher education and secure housing. Because the criminal justice system impacts emerging adults in minority communities at higher rates, the decrease in opportunity for socio-economic development hits these communities hardest. Age-appropriate responses to justice-involved emerging adults will reduce racial and ethnic disparities, enhance social cohesion and create new opportunities for economic development. Why is now an opportune time for emerging adult justice reform in Massachusetts? Growing recognition of the need for improvements in emerging adult justice is reflected in numerous